East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Provisional assessment of rent - Neither partly placed on record rent receipts or any other documents to show arrears of rent and period of rent - Therefore, Rent Controller rightly assessed provisional rent by simply balancing the rival contentions by taking period as stated by tenant and rate..........
Rent and Eviction -- Plea of adverse possession by tenant - Principle of once a tenant always a tenant ends on taking plea of adverse possession and asserting one's own right...........
Rent and Eviction -- Plea of adverse possession by tenant - Withdrawal of plea of adverse possession by tenant - Held, tenant having asserted his adverse possession, his ostensible tenancy rights in the `premises in suit' disappeared into thin air and provisions of Rent Act ceased to apply to the suit property - Remedy of landlord lay before Civil Court...........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(2) -- Eviction petition - Non-payment of rent - Benefit of S.14(2) of the Act - Meant for bonafide tenants and cannot be extended to those tenants who are neither paying admitted rent as per directions but also occupation charges as directed by Court to enjoy a stay order - As tenant in instant case is under repeated..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Eviction - Unauthorised possession - Order of Collector set aside by Commissioner - Locus standi - To challenge the order of Commissioner, locus standi is with Gram Panchayat - Therefore, petitioners does not have locus standi to maintain this petition - Petition dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Assessment of rent and house tax - As per the Act, Rent Controller is not only required to assess the rent but is also required to assess the amount representing house tax, interest for delayed payment and the cost payable by the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Plea that right u/s 13-B of the Act has been conferred on the owner - Held, not tenable - Father of landowner, who is settled abroad can collect rent on behalf of his son - U/s. 13-B of the Act, right to seek eviction is with owner of the premises and not the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Provisional assessment of rent - Is to secure the regular payment to the landlord and test the bonafides of the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Tenant deposited provisional rent as assessed by the Court - However, on the day fixed for payment neither tenant nor his counsel appeared in Court which resulted in order of eviction - Appellate authority should have taken broader view of the matter in extending the time for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Order of eviction of tenant - Cannot be permitted to be passed casually...........
